The court postponed consideration of the case about the Church of the tithes
The next hearing was appointed on 9 October 2018.
October 2, District administrative court. Kiev was held a regular meeting at the suit of the National Museum of history of Ukraine and people’s Deputy Igor Lutsenko to the Ministry of justice of Ukraine and the state Registrar Michael Ciolino “about the illegality of the construction of the tithe Church.” Both the plaintiffs demanded to cancel illegal, in their opinion, the registration of rights to immovable property of a religious community the Church of the tithes.
As reported by the journalist of the SPM, the court once again postponed the trial to October 9, 2018.
Judge E. V. Ablov made this decision in the beginning of the meeting after Igor Lutsenko handed him a letter, which allegedly contains evidence of the illegality of the registration of this Church. The letter, according to Lutsenko, the Deputy Minister of justice and his Deputy asked to attach to business.
Recall that at the previous court meeting on 20 September, the representative of the Ministry of justice of Ukraine, the Verkhovna Rada Oksana said that registration of this building was carried out with violations, but the claim shall not be asserted to the Ministry and to the state Registrar, who at the time of registration in July 2013 in the structure of the Ministry of justice was not included, and was a separate Central Executive authority. The proceedings on this fact and caused the postponement of the meeting on 2 October. In addition, the representative of the Ministry of justice are unable then to articulate and position of the Ministry – does the Ministry of this lawsuit, partially supports or does not support.
After the meeting, the journalist SPM was asked to comment a representative community of the tithe Church, the lawyer Rostislav Popovich.
“I continue to assert that this is a purely political process. Today’s meeting has once again confirmed it. If today you receive a letter from the Ministry of justice, which none of the parties to the process not know and, which allegedly stated that there are some irregularities in the registration, – the lawyer noted. The letter is filed Lutsenko, the whole question that it was filed incorrectly procedure. Such documents should be addressed before all parties to the process, including certified copies for the court and this was not done. Therefore, the court and postponed the hearing to give opportunity for all parties to read this letter. The legality of the provision of this letter has also been questioned. The Ministry of justice has a special Commission which considers all disputed issues of registration and only she decides to – legally-illegally. In addition, the Ministry of justice today is not endowed with the right of state registration of real estate. Now registration may engage any person who has received the Ministry of justice a license. So the transmission of the letter from the Deputy Minister to the court is an ordinary gag”.
Rostislav Popovich said that Igor Lutsenko, as the MP is abusing procedural rights to file a claim.
“The lawsuit is filed when infringement of rights of a person or organization. And if the Museum of the history can still claim that on his land the Church was built, ie violated somewhere right of the Museum, where, say, violated the rights of Mr. Lutsenko? They are not broken, and hence he abuses procedural rights. He is simply fulfilling a political order of power, and really wants to be advertized”.
As reported by the SPM, 20 September, a court in Kiev has perinasal consideration of the claim of the National Museum of history of Ukraine of the Ministry of justice, demanding to recognize illegal the state registration of the tithes of the Church of the Nativity of the blessed virgin.
